Is there insufficient evidence of intent to promote, further or assist in any criminal conduct by gang members?

Defendant alternatively contends that there was insufficient evidence of his "specific intent to promote, further, or assist in any criminal conduct by gang members." ( 186.22, subd. (b).) He relies on a lack of evidence his cohorts were gang members and points to the prosecution's closing argument about the street terrorism charges that the requirement a defendant assist gang members in committing a felony could have misled the jury to believe that would suffice for the enhancements as well. Relying on Garcia v. Carey (9th Cir. 2005) 395 F.3d 1099, 1103, he maintains the statute requires a defendant to assist in or promote a crime other than the one charged.